Conference of Parties 28: Analyzing the Legal Responsibilities for Business Houses in UAE
Introduction
The Conference of Parties (COP) is the decision-making body in respect of the formulation and implementation of instruments for the United Nations Framework Convention on Climate Change. This body convenes at the chosen host country, on behalf of the United National Climate Change Initiatives, and undertakes negotiation and debates to limit climate change and its impact. Edition No. 28 of the COP (COP28) was hosted at Dubai, United Arab Emirates. The theme of the annual agreement was the ‘beginning of the end’ of the fossil fuel era, to have countries transition from fossil fuels and to adopt equitable measures by enabling a control on emissions, and facilitating financial support. [1]
Legal Impact of COP28 on UAE Business Houses
The COP28 called out businesses to the forefront of transformative change. In particular, for the business houses in the UAE, the government had implemented the UAE Federal Law No. 24 of 1999 on the Protection and Development of the Environment (UAE Law). Interestingly, the COP28 resounded the various obligations under the UAE Law, which encompasses an advanced system of laws and an efficient enforcement, and specifically for the fuel operations.
The responsibilities vested in each business house in the UAE, calls for a visible action to counter and fight the global struggle against climate change.
What are these responsibilities and what does it mean for a business house?
Businesses come under strict scrutiny by the relevant authorities since its inception. The first responsibility entrusted to a business house is to obtain relevant environmental permits and approvals. This calls for the responsible management of permits and approvals by the business, from the Federal Environmental Agency, and any other relevant authority, basis the nature of business operations. For instance, petroleum operations would require the business to additionally obtain special approvals from the Federal Ministry of Environment and Water.
Additionally, business houses are required to ensure compliance and continued monitoring of their operations. On one hand, the business houses would ensure continued compliance with the prescribed standards, specifications and regulations notified by the relevant authorities. On the other hand, business houses are required to continuously monitor their operations by way of conducting Environmental Impact Assessments (EIA) and environmental audits.
Furthermore, the business houses are required to record and monitor emissions, to ensure compliance with the prescribed limits. In particular, for petroleum activities, the relevant authority may prescribe specialized limits aligned with the principle of environmental economics, to strike a balance between economic growth and environmental development of the nation. The responsibility, for such operations, also extends to the share-buyers, to undertake due diligence in respect of the compliance level of the particular organization. [2]
Lastly, the most important responsibility of the business houses is to ensure the safe disposal of pollutants and waste materials into the marine environment. Business houses, irrespective of the nature of their operations, are severely penalized under law, in the event of a violation of this responsibility.
Imposition of Penalty on UAE Business Houses
The enforcement against business houses for environmental defaults, commonly follows the principle of polluter pays. A deterrent approach is taken against business houses, on account of having defined strict standards and requirements, for their compliance and continued monitoring of operations.
The nature of penalties that may be imposed on business houses, include imprisonment, fine, or both, depending on the nature and severity of the impact of such violations. The fine may extend up to 10 million Dirhams, and business house individuals may be liable to life imprisonment, or even death penalty for certain violations. [3]
Protection Accorded to UAE Business Houses
While any violation of the foregoing responsibilities attracts a penalty, as prescribed under law or determined by the relevant authority, certain protections are also accorded to business houses. In the event of unperceivable accidents, the business house may invoke environmental insurance to limit their liability. Environmental insurance is offered as two types, namely, pollution legal liability (PLL) and contractor’s pollution liability (CPL).
Conclusion
COP28 served as an effective platform particularly for UAE business houses, to resound the criticality and need for full compliance with the obligations laid down by the national laws. It is indisputable that climate change has a global impact, and business houses stride on a dynamic landscape to balance consumer needs and global consequences. The efforts undertaken by business houses not only contribute to the nation’s environmental well-being but also position themselves as leaders in a conscientious and forward-thinking business community. This would be aligned with the words of Mr. Badr Jaafr, special representative of COP28, who highlighted the need to institutionalize business houses and philanthropy engagements, to foresee a positive progress from pledges, accords, and announcements to impact and implementation. [4]
Authored by Sara Kiran Mathew
References
[1] UN Climate Change Conference – United Arab Emirates, available at https://unfccc.int/cop28 (last accessed on December 20, 2023, at 1:00 PM GST).
[2] UAE Federal Law No. 24 of 1999 on the Protection and Development of the Environment, International Energy Agency, available at https://www.iea.org/policies/12299-uae-federal-law-no-24-of-1999-on-the-protection-and-development-of-the-environment (last accessed on December 20, 2023, at 12:30 PM GST).
[3] Environmental Protection, The United Arab Emirates Government Portal, available at https://u.ae/en/information-and-services/environment-and-energy/environmental-protection (last accessed on December 20, 2023, at 12:40 PM GST).
[4] COP28 Business & Philanthropy Climate Forum Unveils Key Partners, Uniting to Drive Global Climate Action by International Finance Corporation, available athttps://pressroom.ifc.org/all/pages/PressDetail.aspx?ID=27835#:~:text=COP28%20Special%20Representative%20for%20Business,outcomes%20for%20climate%20and%20nature (last accessed on December 20, 2023, at 1:10 PM GST).
Challenges in the Cyber Space: Understanding the UAE Government’s Initiatives to Combat Cybercrimes
INTRODUCTION
Cybercrimes are a matter of great concern all around the world. This is particularly due to the developments in technology which can make individuals of various online platforms vulnerable to cyber attacks. Governments across the world are taking the necessary steps to combat such crimes. Cyber attacks can lead to violation of privacy through data breaches. Cybercrimes are transnational in nature and the effect of such crimes can spread across jurisdictions.[1] Due to this reason, countries must establish a strong infrastructure to combat cybercrimes within their jurisdictions. An important development is the United Nations Cyber crime Convention finalized by UN Member States in August 2024.[2] The UAE has introduced several measures to tackle cyber crime. This includes the Cyber Security Council established in 2020[3] and Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes.[4]
INITIATIVES BY THE UAE GOVERNMENT TO COUNTER CYBER CRIME
The UAE Government has introduced various measures to counter cyber crime and to protect individuals in the digital space. These measures are comprehensive in nature and address the various challenges that arise while regulating the digital space. As reiterated above, some of these measures include the establishment of the UAE Cyber Security Council, Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes (this law governs cybercrimes in the UAE), eCrimes platform and aeCERT.[5]
The UAE Cyber Security Council has taken steps to promote cybersecurity in the UAE by collaborating with the International Telecommunications Union(ITU). The aim of this collaboration is for capacity development through sharing of knowledge. Global partnerships are key to combat cyber attacks and such international collaborations pave the way for future collaborations.[6] This international collaboration will play a vital role in strengthening the cybersecurity system in the UAE.
The UAE Government also introduced the Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes. This law is a landmark legislation and has a wide scope covering various aspects of challenges to privacy associated with information technology and the digital space. The law covers cyber crimes associated with robots, electronic documents, medical data, bank accounts and misleading advertisements. As the law has a wide scope, there is no lacunae and various cybercrimes are made offences in the UAE to protect the privacy and personal rights of citizens and residents.
The eCrimes platform is an online platform introduced by the government for individuals to report cyber crimes. This platform provides an effective mechanism to report cyber crimes and is a smart service introduced by the Ministry of Interior. Through the services provided by the platform individuals can Request to file eCrime Report, Request Information, Request a Consultation on eCrime. The eCrimes platform is easily accessible through app stores and has a simple interface, thus allowing users to report cybercrimes easily. The aeCERT is the Computer Emergency Report Team in UAE. Its primary function is to protect the citizens and residents from threats associated with information technology.[7]
The initiatives by the UAE Government in the field of cybersecurity also includes the ‘National Campaign for Cybersecurity’ launched in March 2024. Such initiatives spread awareness among the individuals in the society. Awareness is of utmost importance so that individuals take the necessary steps when faced with a situation where there is a possibility of a cybercrime occurring. Personal data of individuals is always vulnerable through various forms of cyber attacks and awareness is one of the best means to take action against phishing attacks and other forms of cyber attacks.[8]
CONCLUSION
The law and infrastructure in the UAE to address cyber crimes and cybersecurity challenges is elaborate and covers all the necessary aspects. The information related to the law is readily available to everyone through government websites. This ensures that everyone can easily access the required information and educate themselves. The introduction of the UAE Pass App is another milestone in the country’s initiatives to ensure cybersecurity in the digital space. The UAE Pass App integrates digital security and accessibility. As everyone uses smartphones in the present times, the UAE Pass App allows individuals to authenticate themselves through the smartphones. This is particularly beneficial for Government services.[9] The users of the UAE Pass App have greatly increased over the past couple of years, this showcases how users have adapted to this technology due its reliability and accuracy while issuing digital documents.[10] The Government has played an active role in establishing robust structure to combat cyber attacks, cyber threats and cyber crimes in the UAE. The initiatives introduced by the Government have consistently been in line with the development in technology.
Authored by Navya Joshi
References:
[1]Cybercrime available at https://www.unodc.org/romena/en/cybercrime.html (last accessed on November 25, 2024, at 8:00 PM GST).
[2]UN Member States finalize a new cybercrime convention available at https://www.wam.ae/en/article/1426c6p-member-states-finalize-new-cybercrime-convention (last accessed on November 24, 2024, at 9:00 PM GST).
[3]UAE Cybersecurity Council available at https://u.ae/en/information-and-services/justice-safety-and-the-law/cyber-safety-and-digital-security/uae-cybersecurity-council(last accessed on November 25, 2024, at 8:40 PM GST).
[4]Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes available at https://uaelegislation.gov.ae/en/legislations/1526(last accessed on November 26, 2024, at 8:30 PM GST).
[5]Cyber safety and digital security available at https://u.ae/en/information-and-services/justice-safety-and-the-law/cyber-safety-and-digital-security(last accessed on November 27, 2024, at 9:30 PM GST).
[6]UAE Cyber Security Council, ITU to collaborate on capacity development
available at https://www.wam.ae/en/article/b1zoxv9-uae-cyber-security-council-itu-exchange(last accessed on November 26, 2024, at 8:00 PM GST).
[7]Cyber safety and digital security available at https://u.ae/en/information-and-services/justice-safety-and-the-law/cyber-safety-and-digital-security (last accessed on November 28, 2024, at 8:20 PM GST).
[8]UAE Cyber Security Council launches ‘National Campaign for Cybersecurity available at https://w ww.wam.ae/en/article/b1z3i3d-uae-cyber-security-council-launches-national(last accessed on November 27, 2024, at 8:00 PM GST).
[9]Cyber safety and digital security available at https://u.ae/en/information-and-services/justice-safety-and-the-law/cyber-safety-and-digital-security(last accessed on November 28, 2024, at 9:00 PM GST).
[10] UAE Pass usage soars to 7.2 million users in 2023: Majed Al Mesmar available at https://www.wam.ae/en/article/b1qrfgk-uae-pass-usage-soars-72-million-users-2023-majed (last accessed on November 27, 2024, at 10:00 PM GST).
Conference of Parties 28: Analyzing the Legal Responsibilities for Business Houses in UAE
Introduction
The Conference of Parties (COP) is the decision-making body in respect of the formulation and implementation of instruments for the United Nations Framework Convention on Climate Change. This body convenes at the chosen host country, on behalf of the United National Climate Change Initiatives, and undertakes negotiation and debates to limit climate change and its impact. Edition No. 28 of the COP (COP28) was hosted at Dubai, United Arab Emirates. The theme of the annual agreement was the ‘beginning of the end’ of the fossil fuel era, to have countries transition from fossil fuels and to adopt equitable measures by enabling a control on emissions, and facilitating financial support. [1]
Legal Impact of COP28 on UAE Business Houses
The COP28 called out businesses to the forefront of transformative change. In particular, for the business houses in the UAE, the government had implemented the UAE Federal Law No. 24 of 1999 on the Protection and Development of the Environment (UAE Law). Interestingly, the COP28 resounded the various obligations under the UAE Law, which encompasses an advanced system of laws and an efficient enforcement, and specifically for the fuel operations.
The responsibilities vested in each business house in the UAE, calls for a visible action to counter and fight the global struggle against climate change.
What are these responsibilities and what does it mean for a business house?
Businesses come under strict scrutiny by the relevant authorities since its inception. The first responsibility entrusted to a business house is to obtain relevant environmental permits and approvals. This calls for the responsible management of permits and approvals by the business, from the Federal Environmental Agency, and any other relevant authority, basis the nature of business operations. For instance, petroleum operations would require the business to additionally obtain special approvals from the Federal Ministry of Environment and Water.
Additionally, business houses are required to ensure compliance and continued monitoring of their operations. On one hand, the business houses would ensure continued compliance with the prescribed standards, specifications and regulations notified by the relevant authorities. On the other hand, business houses are required to continuously monitor their operations by way of conducting Environmental Impact Assessments (EIA) and environmental audits.
Furthermore, the business houses are required to record and monitor emissions, to ensure compliance with the prescribed limits. In particular, for petroleum activities, the relevant authority may prescribe specialized limits aligned with the principle of environmental economics, to strike a balance between economic growth and environmental development of the nation. The responsibility, for such operations, also extends to the share-buyers, to undertake due diligence in respect of the compliance level of the particular organization. [2]
Lastly, the most important responsibility of the business houses is to ensure the safe disposal of pollutants and waste materials into the marine environment. Business houses, irrespective of the nature of their operations, are severely penalized under law, in the event of a violation of this responsibility.
Imposition of Penalty on UAE Business Houses
The enforcement against business houses for environmental defaults, commonly follows the principle of polluter pays. A deterrent approach is taken against business houses, on account of having defined strict standards and requirements, for their compliance and continued monitoring of operations.
The nature of penalties that may be imposed on business houses, include imprisonment, fine, or both, depending on the nature and severity of the impact of such violations. The fine may extend up to 10 million Dirhams, and business house individuals may be liable to life imprisonment, or even death penalty for certain violations. [3]
Protection Accorded to UAE Business Houses
While any violation of the foregoing responsibilities attracts a penalty, as prescribed under law or determined by the relevant authority, certain protections are also accorded to business houses. In the event of unperceivable accidents, the business house may invoke environmental insurance to limit their liability. Environmental insurance is offered as two types, namely, pollution legal liability (PLL) and contractor’s pollution liability (CPL).
Conclusion
COP28 served as an effective platform particularly for UAE business houses, to resound the criticality and need for full compliance with the obligations laid down by the national laws. It is indisputable that climate change has a global impact, and business houses stride on a dynamic landscape to balance consumer needs and global consequences. The efforts undertaken by business houses not only contribute to the nation’s environmental well-being but also position themselves as leaders in a conscientious and forward-thinking business community. This would be aligned with the words of Mr. Badr Jaafr, special representative of COP28, who highlighted the need to institutionalize business houses and philanthropy engagements, to foresee a positive progress from pledges, accords, and announcements to impact and implementation. [4]
Authored by Sara Kiran Mathew
References
[1] UN Climate Change Conference – United Arab Emirates, available at https://unfccc.int/cop28 (last accessed on December 20, 2023, at 1:00 PM GST).
[2] UAE Federal Law No. 24 of 1999 on the Protection and Development of the Environment, International Energy Agency, available at https://www.iea.org/policies/12299-uae-federal-law-no-24-of-1999-on-the-protection-and-development-of-the-environment (last accessed on December 20, 2023, at 12:30 PM GST).
[3] Environmental Protection, The United Arab Emirates Government Portal, available at https://u.ae/en/information-and-services/environment-and-energy/environmental-protection (last accessed on December 20, 2023, at 12:40 PM GST).
[4] COP28 Business & Philanthropy Climate Forum Unveils Key Partners, Uniting to Drive Global Climate Action by International Finance Corporation, available athttps://pressroom.ifc.org/all/pages/PressDetail.aspx?ID=27835#:~:text=COP28%20Special%20Representative%20for%20Business,outcomes%20for%20climate%20and%20nature (last accessed on December 20, 2023, at 1:10 PM GST).